[d@DCC] Things that "induce" us to infringe copyright.

tOM Trottier tOM at Abacurial.com
Mon Aug 30 17:43:22 EDT 2004


On 30 Aug 2004 at 17:26,
Russell McOrmond <discuss at digital-copyright.ca> wrote:

> 
> On Sun, 29 Aug 2004, tOM Trottier wrote:
> 
> > But not if you put Linux, GNU stuff, or your own software, video, or music 
> > on them. Then selling would be perfectly legal and ethical. So long as you 
> > charged GST...
> 
>   I think we have to separate what is legal and what is ethical.  The levy
> applies to a given type of media for the purpose of trade, regardless of
> what is going to be put on that media.  My interpretation of the private
> copying regime is that if you import for personal use that is allowed, but
> if you import for the purpose of trade and don't pay the levy then you are
> breaking the law.

Only if you are selling blank CDRs.

The levy is only due by importers selling them if:
 - you could record music on them, and
 - they have no music on them currently.
 
Otherwise they are not blank media.

>   As to ethics:  I personally believe it is less ethical for the CPCC to
> collect a tariff on my CDs that will be used to distribute FLOSS than it
> would be to not collect the tariff on CDs that will be used for music.  
> This is based partly on my belief that the non-commercial private copying
> of music is not only not harmful, but helpful to the music and recording
> industries, as well as my belief that my non-music use of CDs should not
> be subsidizing my political opponents.

So importing is more ethical than using levy-paid CDRs. Put in a call to 
China.

tOM

> 
> -- 
>  Russell McOrmond, Internet Consultant: <http://www.flora.ca/> 
>               Aug 28, 2004 is Software Freedom Day
>           http://www.digital-copyright.ca/node/view/437
-- Quidquid latine dictum sit altum viditur --
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